When it comes to planning your estate, one of the first big decisions you’ll face is whether to create a will, a trust, or both. Understanding the differences - and how California law treats each - can make a world of difference in protecting your legacy and easing the process for your loved ones.
At Gullotta Law Group, we help individuals and families throughout Sonoma County make informed decisions about their future. Here’s what you should know about wills and trusts in California.
What Is a Will?
A will is a legal document that outlines how you want your assets distributed after your death. It can also name guardians for minor children and an executor to oversee the process.
Pros:
- Simple and cost-effective to set up
- Can be updated as needed
- Names guardians for minor children
Cons:
- Must go through probate, which can be time-consuming and expensive
- Becomes public record
- Offers no protection if you become incapacitated
What Is a Trust?
A trust, particularly a revocable living trust, allows you to place your assets into a legal entity that you control during your lifetime. When you pass away, your successor trustee distributes your assets according to your instructions - without going through probate.
Pros:
- Avoids probate in California, saving time and money
- Keeps your estate private
- Helps in case of incapacity (no need for conservatorship)
- Offers more control over how and when assets are distributed
Cons:
- More expensive to set up
- Requires ongoing maintenance (like transferring assets into the trust)
Which Is Better for Sonoma County Residents?
Choosing between a will and a trust often depends on your goals, the size of your estate, and your family situation. In California, especially in Sonoma County, where property values are high, even modest estates can benefit from a living trust simply by avoiding probate.
For example, California probate fees are based on a statutory formula, and even a $500,000 estate could result in tens of thousands of dollars in legal and court fees. A trust helps you avoid that.
When You Might Want a Will:
- You have minimal assets
- You’re comfortable with probate
- You mainly need to name guardians for children
When You Might Want a Trust:
- You own real estate in California
- You want to avoid probate
- You’re concerned about privacy or incapacity
- You want to control how beneficiaries receive their inheritance
Get Help from a Sonoma County Estate Planning Attorney
Whether you’re leaning toward a will, a trust, or need help deciding, Gullotta Law Group is here to guide you with clear, compassionate legal support. Our team has extensive experience helping Sonoma County families secure their futures through personalized estate planning.
Call us today at 707-379-7590 or contact us online to schedule a consultation.